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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 URL: https://www.bailii.org/uk/legis/num_reg/2002/20023133.html |
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Made | 17th December 2002 | ||
Laid before Parliament | 6th January 2003 | ||
Coming into force | 24th February 2003 |
but does not include an order made in proceedings for the enforcement, in England and Wales, of an order made under or for the purposes of the provisions listed above;
but does not include an order made in proceedings for the enforcement, in England and Wales, of an order made under or for the purposes of the provisions listed above;
but does not include an order made in proceedings for the enforcement, in Northern Ireland, of an order made under or for the purposes of the provisions listed above;
but does not include an order made in proceedings for the enforcement, in Northern Ireland, of an order made under or for the purposes of the provisions listed above;
but does not include an order made in proceedings for the enforcement, in Scotland, of an order made under or for the purposes of the provisions listed above;
but does not include an order made in proceedings for the enforcement, in Scotland, of an order made under or for the purposes of the provisions listed above.
are exercisable in England and Wales.
(2) Proceedings for or with respect to the enforcement or contravention of a Northern Ireland receivership order or a Scottish administration order may only be taken if the order is registered in accordance with article 6.
Enforcement
5.
- (1) If any order is registered in accordance with article 6 -
as if the Crown Court in England and Wales had made the order itself.
(2) Paragraph (1) shall have effect whether the contravention of the order occurs before or after the registration of the order.
Registration
6.
- (1) Where an application for the registration of a Northern Ireland receivership order, a Northern Ireland restraint order, a Scottish administration order or a Scottish restraint order is made to the Crown Court in England and Wales, the Crown Court must direct that the order be registered in that court.
(2) Where the Crown Court has directed that an order be registered, it may make such order as it believes is appropriate for the purpose of -
Supplementary
7.
- (1) Section 47 of the Act (which makes provision about land registration) applies in relation to restraint orders made under section 120(1) of the Act and section 190(1) of the Act as it applies in relation to restraint orders made under section 41(1) of the Act.
(2) A document purporting to be a copy of a Northern Ireland receivership order, a Northern Ireland restraint order, a Scottish administration order or a Scottish restraint order and certified as such by a proper officer of the court which made the order is admissible in evidence in the Crown Court in England and Wales without further proof.
as if the Court of Session had made the order itself.
(2) Paragraph (1) shall have effect whether the contravention of the order occurs before or after the registration of the order.
Registration
11.
- (1) Where an application for the registration of an English or Welsh receivership order, an English or Welsh restraint order, a Northern Ireland receivership order or a Northern Ireland restraint order is made to the Court of Session, the Court of Session must direct that the order be registered in that court.
(2) Where the Court of Session has directed that an order be registered, it may make such order as it believes is appropriate for the purpose of -
Supplementary
12.
- (1) Section 123 of the Act (inhibition of property affected by order) applies in relation to restraint orders made under section 41(1) of the Act and section 190(1) of the Act as it applies in relation to restraint orders made under section 120(1) of the Act.
(2) Section 124 of the Act (arrestment of property affected by order) applies in relation to restraint orders made under section 41(1) of the Act and section 190(1) of the Act as it applies in relation to restraint orders made under section 120(1) of the Act.
(3) Nothing in section 49(6), 51(6), 53 (6), 197(6), 199(6) or 201(6) of the Act prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.
(4) A document purporting to be a copy of an English or Welsh receivership order, an English or Welsh restraint order, a Northern Ireland receivership order or a Northern Ireland restraint order, and to be certified as such by a proper officer of the court which made the order shall, in Scotland, be sufficient evidence of the order.
are exercisable in Northern Ireland.
(2) Proceedings for or with respect to the enforcement or contravention of a English or Welsh receivership order or a Scottish administration order may only be taken if the order is registered in accordance with article 16.
Enforcement
15.
- (1) If any order is registered in accordance with article 16 -
as if the High Court in Northern Ireland had made the order itself.
(2) Paragraph (1) shall have effect whether the contravention of the order occurs before or after the registration of the order.
Registration
16.
- (1) Where an application for the registration of an English or Welsh receivership order, an English or Welsh restraint order, a Scottish administration order or a Scottish restraint order is made to the High Court in Northern Ireland, the High Court must direct that the order be registered in that court.
(2) Where the High Court has directed that an order be registered, it may make such order as it believes is appropriate for the purpose of -
Supplementary
17.
- (1) Section 195 of the Act (which makes provision about land registration) applies in relation to restraint orders made under section 41(1) of the Act and section 120(1) of the Act as it applies in relation to restraint orders made under section 190(1) of the Act.
(2) A document purporting to be a copy of an English or Welsh receivership order, an English or Welsh restraint order, a Scottish administration order or a Scottish restraint order and certified as such by a proper officer of the court which made the order is admissible in evidence in the High Court in Northern Ireland without further proof.
A. K. Galloway
Clerk of the Privy Council
Prepared
6 January 2003